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MASS v. SUPERIOR COURT

Docket No. 19989.

197 Cal.App.2d 430 (1961)

17 Cal. Rptr. 549

JOHN W. MASS, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

Court of Appeals of California, First District, Division One.

November 29, 1961.

Attorney(s) appearing for the Case

Marshall W. Krause and Albert M. Bendich for Petitioner.

Dion R. Holm, City Attorney, George E. Baglin, Deputy City Attorney, and Irving G. Breyer for Respondents.

BRAY, P.J.

Petition for writs of prohibition and mandate to compel the superior court to refrain from setting a certain action for trial and to dismiss said action.

QUESTION PRESENTED

Does a motion to remand the proceeding to the board of education constitute a "trial" under section 583, Code of Civil Procedure? By such motion was the action "brought to trial"?

RECORD

Petitioner, while an employee of respondent Board of Education...

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